Happy 2014.

“Twenty years from now you will be more disappointed by the things that you didn’t do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.” 

—Mark Twain

Top 3 Posts of 2013

 1.

New Florida Alimony Law Goes Into Effect July 2013 -- Oops! Not so fast ...

This bill was vetoed - update:
Governor Scott vetoed the alimony reform bill on 5/1/2013. Back to the drawing board. No Happy Dance yet. 

Posted March 20, 2013 

I thought this bill represented some positive changes for alimony reform. Mainly, it would have ended permanent alimony ... and the old boys in the nursing home paying alimony out of their pension will be a thing of the past. But no dice.

 2.

Baby Mama Drama? You can make it stop.

Posted April 11, 2013

Single fathers are particularly vulnerable to the whims of their child's mother regarding child visitation -- if they have never been to court to establish status as the "legal father". 

 3.

 

Foreclosure Reform - Is the Fox Watching the Henhouse Again?

Posted May 21, 2013

The Foreclosure Reform Bill awaiting Governor Scott's signature is designed to work through Florida's backlog of foreclosure cases. It could be one of those double edged swords. Below is a summary of the pending Foreclosure Reform Bill and staff analysis. Is it yet another example of the fox watching the henhouse? You decide.

CS/CS/HB 87: Mortgage Foreclosures

This post was published shortly before HB87 was signed into law by Governor Rick Scott. Since then you can bet the fox has been having a field day in the henhouse.

Wall Street Owns the Country

Wall Street Owns The Country

A Speech by Mary Elizabeth Lease (circa 1890)

"This is a nation of inconsistencies. The Puritans fleeing from oppression became oppressors. We fought England for our liberty and put chains on four million of blacks. We wiped out slavery and our tariff laws and national banks began a system of white wage slavery worse than the first. Wall Street owns the country. It is no longer a government of the people, by the people, and for the people, but a government of Wall Street, by Wall Street, and for Wall Street. The great common people of this country are slaves, and monopoly is the master. The West and South are bound and prostrate before the manufacturing East. Money rules, and our Vice-President is a London banker. Our laws are the output of a system which clothes rascals in robes and honesty in rags. The [political] parties lie to us and the political speakers mislead us. We were told two years ago to go to work and raise a big crop, that was all we needed. We went to work and plowed and planted; the rains fell, the sun shone, nature smiled, and we raised the big crop that they told us to; and what came of it? Eight-cent corn, ten-cent oats, two-cent beef and no price at all for butter and eggs-that's what came of it. The politicians said we suffered from overproduction. Overproduction, when 10,000 little children, so statistics tell us, starve to death every year in the United States, and over 100,000 shopgirls in New York are forced to sell their virtue for the bread their niggardly wages deny them... We want money, land and transportation. We want the abolition of the National Banks, and we want the power to make loans direct from the government. We want the foreclosure system wiped out... We will stand by our homes and stay by our fireside by force if necessary, and we will not pay our debts to the loan-shark companies until the government pays its debts to us. The people are at bay; let the bloodhounds of money who dogged us thus far beware."

And so it goes ...

Happy Holidays!

 

Peace on Earth.

"...no exalted villains above the control of our laws ..."

The Wisdom of Native Americans

Vs. American Law

“In the government you call civilized, the happiness of the people is constantly sacrificed to the splendor of empire. Hence the origin of your codes of criminal and civil laws; hence your dungeons and prisons. We have no prisons; we have no pompous parade of courts; we have no written laws; and yet judges are as highly revered among us as they are among you, and their decisions are as much regarded. We have among us no exalted villains above the control of our laws. Daring wickedness is here never allowed to triumph over helpless innocence. The estates of widows and orphans are never devoured by enterprising swindlers. We have no robbery under the pretext of law.”

• Joseph Brant (Thayendanegea) Mohawk
  

Upon reading the above quote I was struck by its simple truth. This quote is oh so relevant today. Even in our challenged economy, we have a legal system that is heavily weighted in favor of those who can afford attorney's fees.

The next to the last line -- “The estates of widows and orphans are never devoured by enterprising swindlers.” -- decries usual events in America. My mother’s lawyer charged her estate $8,000.00 to probate one asset -- her homestead, valued at just $125,000.00. No court hearing was required. The Petition for Summary Administration was filed at the same time as the proposed Final Judgment of Summary Administration. The probate forms were typed in one sitting and filed with the clerk’s office in one filing. My mother’s estate paid her lawyer $8,000.00 for typing. There was no will contest, no family controversy. Our “civilized” legal system allows lawyers to exorbitantly bill legal consumers.

I am readily reminded of the cost of divorce when reading the last sentence of Chief Brant’s quote, -- “We have no robbery under the pretext of law.” If divorcing parties can agree, becoming divorced is, once again, a typing task and one brief hearing before the Judge -- simple. But all too often divorce does not happen “simply”, When one party retains an attorney; the other party must follow suit for simple self-preservation. Each party retains an attorney, with retainer fees starting at $2,000 each and quickly escalating from there. If the parties agree; and sign a Marital Settlement Agreement, then the final hearing occurs. However, most often, once attorneys are involved, the parties’ “agreeing” does not happen quickly or simply. Once the parties agree, the attorneys’ billable hours must cease. No disagreements = no billable hours.

Achieving court access can be affordable. As more litigants represent themselves and take charge of their own legal matters, the challenge of court access for lack of money will eventually resolve itself. Citizens are increasingly, by choice or economics, representing themselves and realizing the self-empowerment of taking charge of their own legal matters. 

Guest Post by Julie Jefferson of Freedom Rings 

Elizabeth Warren: Give Restitution to the Victims of Foreclosure - Repost from Change.org

Dear Elizabeth Warren, 

            There are laws against false advertising, making false promises, and predatory lending. The Banks intentionally broke these laws, causing the Great Recession.

            We, the homeowners of America claim the tortious actions of the Banks have created Unjust Enrichment, evident in the fact that their wealth and size has increased 40% since the Great Recession they caused. The basic purpose of restitution is to achieve fairness and prevent the unjust enrichment of a party.

            In tort law, restitution applies to the measure of damages required to restore the plaintiff to the position he or she held prior to the commission of the tort.

            We, the homeowners wronged by the actions of the Banks, now demand the restitution we deserve.

             We demand that you set up a National Website for us to list the amount of money, and property, each American lost from the intentional criminal acts of the Banks.

            We demand that you make the Banks accountable and return us to the status we were, before being victimized. This is the law. This is fair.

A few descriptions of the fraud:

·           Predatory lending refers to the practice of unscrupulous lenders, to enter into "unsafe" or "unsound" secured loans for inappropriate purposes. A classic bait-and-switch method was used by Countrywide, advertising low interest rates for home refinancing. Such loans were written into mind-numbingly detailed contracts and then swapped for more expensive loan products on the day of closing. Whereas the advertisement stated that 1% or 1.5% interest would be charged, the consumer would be put into an adjustable rate mortgage (ARM) in which the interest charged would be greater than the amount of interest paid. This created negative amortization, which the credit consumer did not notice until long after the loan transaction had been consummated.
·       Countrywide, sued by California Attorney General Jerry Brown for "Unfair Business Practices" and "False Advertising" was making high cost mortgages "to homeowners with weak credit, adjustable rate mortgages (ARMs) that allowed homeowners to make interest-only payments." When housing prices decreased, homeowners in ARMs then had little incentive to pay their monthly payments, since their home equity had disappeared.
·       Former employees from Ameriquest, which was United States’ leading wholesale lender, described a system in which they were pushed to falsify mortgage documents and then sell the mortgages to Wall Street banks eager to make fast profits.]There is growing evidence that such mortgage fraud was a large cause of the crisis

      We can now prove, that the mortgage inflation and subsequent collapse was planned.  Millions of Americans were sold predatory loans, solicited into predatory lines of credit, because the Banks persuaded them that it was a sound investment.       

      The Banks coerced Americans into believing their homes were more valuable than they were, and they knew this to be false.

      Essentially, the Banks only cared about getting the loan, securitizing it, and selling it to another Bank. It was a dangerous game of musical chairs, which crashed the world economy yet you have held no one accountable. What is worse, is there has been NO REAL RESTITUTION to the victims, - the homeowners!

            The Mortgage Settlement Act has proven to be a joke.  How can a check for $400 be considered restitution to someone that lost his, or her home, of twenty years? 

           The actions of the Banks; over inflating home values, selling predatory loans, forging documents, and acting with gross disregard to the consumer, are criminal acts, which amounted to the biggest fraud ever perpetrated on civilians in the history of the world.

                              Enough is enough. We demand restitution now!

Petition by

Citizens for Restitution

***

Please go to Change.org and sign this petition. Damage to American homeowners and people worldwide continues.

FALDP Launches Three New Online Courses – All Courses Buy One Get One Get One 12/2 through 12/16

The Florida Association of Legal Document Preparers is pleased to announce the launch of one just released online course; and two recently released online courses. Now, new and aspiring Legal Document Preparers can add more skills and knowledge to help their customers help themselves.

 

The Florida Association of Legal Document Preparers (FALDP) is pleased to announce our three most recent online courses Debt Defense; and Post Conviction Document Preparation: And from December 2 through December 16, 2013 all courses are offered as Buy One Get One – pay full price for any course and choose a second course of equal or lesser value for free. After paying for your course, send an email to staff@faldp.org with ~ My Free Course ~ in the subject line.

We are proud to offer a growing curriculum of courses to help document preparers help consumers. Our online document preparation courses are entirely self-paced. We offer these discounted courses to thank our members and friends for continued support throughout the year. You do not need to be an FALDP member to take our courses.

Debt Defense is completely self-paced and online as are all of our courses. Help yourself or help your customers defend against a law suit to collect a debt. This course includes sample documents, templates, and more. Also includes the most recent version of our FALDP Self-Help Guide instant download ebook - "You've Been Sued! How to Answer a Civil Complaint". Work through five modules with an exam link at the end, then complete the Exit Survey to request your Certificate of Completion. Tuition - $175. - just released (12/2013)

Post-Conviction Document Preparation includes information and forms about Early Termination of Probation; Expunge & Seal of Criminal Records; Restoration of Civil Rights; and Reputation Repair & Management. We have included official forms from the Florida Department of Law Enforcement (FDLE); and The Office of Executive Clemency. Once you complete the modules. Tuition - $199. - released 10/2013

Immigration Document Preparation - There are many ways to immigrate to the U.S., however the most common and the simplest is when a U.S. citizen sponsors a spouse. The same rules outlined in this course apply to other close relatives, as defined by USCIS. A close relative is a spouse, brother, sister, mother, child, etc; but not a cousin. And of those close relatives, by far the simplest and most straight forward of immigration processes is sponsorship of a foreign spouse by a U.S. citizen. Tuition $249. - released 6/2013

Our Other Courses Include:

Becoming a Successful Landlord is now open for registration. We think its our best course yet, packed with information, links, and Supreme Court approved landlord/ tenant forms. The same forms we provide on our site for $9.99 are included in this course as free downloads.

Setting Goals
Property Types – What works best for you?
Choosing a Property. - A good choice makes all the difference.
Rights & Responsibilities – Working together works best.
Financial Considerations – Affordability and accountability. Laws and regulations.
Personalities – The Golden Rule.
Dealing With Disputes – Learn how to resolve disputes before they become disasters.
Evictions – Specific steps
Conclusion – Link to the test; important forms and information.

“Becoming a Successful Landlord” is geared both towards landlords and the document preparers who help them. Savvy tenants can also benefit from the information in this course. The information in this course can repay you many times over that small investment in yourself. Tuition - $199.00

Visit us online to learn more – http://www.faldp.org/Online-Courses.html


INTRO to Florida Legal Document Preparation explains business basics - including business structure, choosing a name, and deciding on a business model. This course also includes information about compliance and avoiding the unauthorized practice of law (UPL).There is no test, instead there are required assignments. This Intro course is mandatory for inexperienced document preparers, and for document preparers relocating to Florida from other states; who would like to be a member of the most prestigious and only statewide legal document association in Florida. Tuition - $99.00

Preparing Florida Divorce Documents is a nuts and bolts course based on Florida Supreme Court approved forms for pro se litigants. Each of the different dissolution processes is discussed; along with content about the Petition for Paternity and Related Relief.

Students must complete five study modules and quizzes. Upon successful completion of this course, students will receive a Course Completion Certificate. Entirely self-paced, students must spend a minimum of four hours on the course site. But, are also allowed up to 60 days to complete the course, providing maximum flexibility. Tuition - $220.00

Living Trusts and Estate Planning  is appropriate for both document preparers and consumers. For anyone who had gone through the probate process after losing a loved one, avoiding probate is an attractive idea. The primary purpose of creating a Living Trust is to avoid probate altogether by passing property to one generation to the next through a family trust. We know that informed consumers are the best customers; and we strive to help consumers make informed decisions. We offer a revenue sharing plan for FALDP members who successfully complete this course. Tuition - $99.00

Bankruptcy Basics - Chapter 7 Personal Bankruptcy shows consumers and document preparers how to start over with a clean financial slate. This foundation course introduces learners to bankruptcy terminology; types of bankruptcy; eligibility; Florida exemptions; means test; and do's and don'ts for Bankruptcy Petition Preparers. BK-127 is completely self-paced, and is appropriate for consumers and legal document preparers. Tuition - $149.00

Our online courses for legal document preparers can increase earning potential immediately. Many FALDP members spend years in paralegal programs only to discover that are no paralegal jobs available, or, even worse, that the paralegal jobs that are available don't pay enough to justify the training required.

Recent graduates of Florida paralegal programs benefit from our online courses because our courses are specific to preparing the exact documents approved by the Florida Supreme court for pro se litigants. Consumers could prepare these forms themselves, but many people quickly discover that the forms are confusing. Frequently, consumers are overwhelmed by the amount of detailed information they must learn in order to complete their legal task.

Smart business people know that there is a direct relationship between the number of products and services offered and potential income. Building multiple and diverse income streams helps entrepreneurs weather an uncertain economy.

Whether you are new to the legal document preparation industry or want to expand your services, the Florida Association of Legal Document Preparers is here to help. Registration for our online courses is open. Please visit:  http://www.faldp.org/Online-Courses.html .  Or call 800-515-0496.